BILL NUMBER: AB 2422	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 19, 2010

   An act to add Section 65596.5 to the Government Code, and to add
Section 10631.8 to the Water Code, relating to water conservation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2422, as introduced, Tom Berryhill. Urban water demand
management: model water efficient landscape ordinance: scientific
panel.
   Existing law, the Urban Water Management Planning Act, requires
each urban water supplier to prepare and implement a water management
plan for the efficient use of available water supplies for
submission to the Department of Water Resources and other entities.
The act also requires the department, in consultation with the
California Urban Water Council, to convene an independent technical
panel to provide information and recommendations on new demand
management measures, technologies, and approaches.
   Existing law, the Water Conservation in Landscaping Act, requires
the Department of Water Resources to update a specified model water
efficient landscape ordinance by regulation and prescribes various
requirements for the updated model ordinance.
   This bill would require the department, on or before July 1, 2011,
to convene an expert scientific panel to review, and provide
recommendations for, updates to the model water efficient landscape
ordinance and proposed rules, regulations, and guidelines relating to
urban residential water demand management. The bill would prescribe
the membership of the panel and requirements for the panel's review
and recommendation functions. The bill would require the department
to submit specified proposed updates, rules, regulations, and
guidelines to the panel and to consider the panel's findings and
recommendations and take specified actions based on those findings
and recommendations. The bill would authorize the department to
reimburse members of the panel for expenses incurred pursuant to
these provisions upon the appropriation of funds by the Legislature
for that purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65596.5 is added to the Government Code, to
read:
   65596.5.  Before the department adopts an update to the model
water efficient landscape ordinance, the department shall submit the
update for review by, and shall consider the findings and
recommendations of, the scientific panel established pursuant to
Section 10631.8 of the Water Code.
  SEC. 2.  Section 10631.8 is added to the Water Code, to read:
   10631.8.  (a) On or before July 1, 2011, the department shall
convene an expert scientific panel, which shall review, and provide
recommendations to the department for, any update to the model water
efficient landscape ordinance and any rule, regulation, or guideline
relating to urban residential water demand management that is
proposed to be adopted by the department in accordance with Section
65595 of the Government Code.
   (b) The panel shall consist of no more than five members, who
shall be selected by the department and shall be nationally
recognized as academic or scientific experts trained in equipment,
methods, and processes used for irrigation of ornamental
horticultural specialty crops in residential landscapes and the water
needs of ornamental plants. The department may change the membership
of the panel, as needed, to obtain the best available scientific
advice with respect to water demand management policies under the
department's consideration.
   (c) Before the department adopts an update to the model water
efficient landscape ordinance or a rule, regulation, or guideline
relating to urban residential water demand management, the department
shall submit the proposed update, rule, regulation, or guideline to
the panel for review. The department shall consider the findings and
recommendations of the panel in accordance with subdivision (d).
   (d) (1) Upon submission of a proposed update, rule, regulation, or
guideline pursuant to subdivision (c), the panel shall conduct a
review of current peer-reviewed research on water demand management
to determine if the proposed update, rule, regulation, or guideline
will achieve the result intended by the department.
   (2) (A) If the panel determines that peer-reviewed research does
not exist for the practice, method, equipment, or approach proposed
by the update, rule, regulation, or guideline, the panel shall submit
a written finding of this determination to the department.
   (B) Upon receiving a written finding under this paragraph, the
department shall conduct peer-reviewed scientific research on the
proposed update, rule, regulation, or guideline to determine whether
the proposal will achieve the result intended by the department.
   (3) (A) If the panel determines that the proposed update, rule,
regulation, or guideline is inconsistent with current peer-reviewed
research, the panel shall submit a written finding of this
determination to the department.
   (B) Upon receiving a written finding under this paragraph, the
department shall amend the proposed update, rule, regulation, or
guideline as necessary to conform to the panel's findings.
   (4) If the panel determines that the proposed update, rule,
regulation, or guideline is consistent with current peer-reviewed
research, the panel shall submit a written finding of this
determination to the department.
   (e) The department, by regulation, may develop a timeline for the
panel's review of proposed updates, rules, regulations, and
guidelines pursuant to subdivision (d).
   (f) A member of the panel shall not receive compensation for
performing duties under this section. However, the department may
reimburse panel members for expenses incurred in the performance of
duties under this section upon the appropriation of funds by the
Legislature for that purpose.